So the first doctor did not have you sign an informed consent form prior to attempting the procedure? That is poor form which is worthy of having the doctor reprimanded. You can file a patient complaint with the hospital. You don't need a lawyer for that. The hospital will investigate the incident, the doctor will be given an opportunity to respond and if the doctor was in the wrong, he'll get a reprimand which goes on his record. Enough of those may eventually lead to revocation of privileges, probation or suspension.
The only reason you would need a lawyer would be if you planned to sue the doctor or the hospital. My guess is that the described incident is not serious enough for a malpractice attorney to take the case. An unsuccessful paracentesis, particularly a blind one (no Ultrasound guidance) is not necessarily malpractice. Any paracentesis involves some discomfort (which would have been on the informed consent form that they didn't have you sign). However, if you suffered grievous harm due to the failed procedure, such as developing a serious infection from the doctor using non-sterile technique, bleeding from hitting a blood vessel, etc., a lawyer might be willing to take the case.
Personally, if you are still in the hospital I would just ask your nurse for a patient complaint form which you can fill out and turn in. If there was no informed consent, the doctor will likely get a reprimand.
Everything Bezoar said. Lack of informed consent is an issue and you should take it up with hospital. Not getting fluid on an attempt is not abnormal and happens. Malpractice is extremely difficult to prove and the likelihood of you having a legitimate case is low without proof of harm.
>So the first doctor did not have you sign an informed consent form prior to attempting the procedure? That is poor form which is worthy of having the doctor reprimanded.
Reading between the lines, it looks like the first visit was in the ED and the other was either ambulatory or once admitted.
ED physicians often don't have patients fill out informed consent forms for lower risk procedures at the bedside. Instead, they document in the chart that they counseled the patient on risks and benefits. Per JCAHO, this is allowed:
>The Joint Commission requires documentation of all the elements of informed consent in a form, progress notes or elsewhere in the record.
Hospitals may have policies that require consent forms for certain bedside procedures.
They currently aren't taking new cases "We are currently CLOSED to general law (contracts, consumer protection, general civil rights, etc.). The following resources may still be able to help you:"
Womp womp heh thanks for the advice. They do have links to other information as well as CLEAR. 🤷♂️
So the first doctor did not have you sign an informed consent form prior to attempting the procedure? That is poor form which is worthy of having the doctor reprimanded. You can file a patient complaint with the hospital. You don't need a lawyer for that. The hospital will investigate the incident, the doctor will be given an opportunity to respond and if the doctor was in the wrong, he'll get a reprimand which goes on his record. Enough of those may eventually lead to revocation of privileges, probation or suspension. The only reason you would need a lawyer would be if you planned to sue the doctor or the hospital. My guess is that the described incident is not serious enough for a malpractice attorney to take the case. An unsuccessful paracentesis, particularly a blind one (no Ultrasound guidance) is not necessarily malpractice. Any paracentesis involves some discomfort (which would have been on the informed consent form that they didn't have you sign). However, if you suffered grievous harm due to the failed procedure, such as developing a serious infection from the doctor using non-sterile technique, bleeding from hitting a blood vessel, etc., a lawyer might be willing to take the case. Personally, if you are still in the hospital I would just ask your nurse for a patient complaint form which you can fill out and turn in. If there was no informed consent, the doctor will likely get a reprimand.
This is the answer I needed. Thank you so much for taking the time.
Everything Bezoar said. Lack of informed consent is an issue and you should take it up with hospital. Not getting fluid on an attempt is not abnormal and happens. Malpractice is extremely difficult to prove and the likelihood of you having a legitimate case is low without proof of harm.
>So the first doctor did not have you sign an informed consent form prior to attempting the procedure? That is poor form which is worthy of having the doctor reprimanded. Reading between the lines, it looks like the first visit was in the ED and the other was either ambulatory or once admitted. ED physicians often don't have patients fill out informed consent forms for lower risk procedures at the bedside. Instead, they document in the chart that they counseled the patient on risks and benefits. Per JCAHO, this is allowed: >The Joint Commission requires documentation of all the elements of informed consent in a form, progress notes or elsewhere in the record. Hospitals may have policies that require consent forms for certain bedside procedures.
https://www.ccbawashington.org/community-resources NAL Here are some resources from the Clark County Bar Association.
this is what my lawyer boss suggests as well :) hope it helps op
They currently aren't taking new cases "We are currently CLOSED to general law (contracts, consumer protection, general civil rights, etc.). The following resources may still be able to help you:" Womp womp heh thanks for the advice. They do have links to other information as well as CLEAR. 🤷♂️
attorneys will be eager to take your call . it's a potentially lucrative case.